R v Warwick (No.13) [2018] NSWSC 699

R v Warwick (No.13) [2018] NSWSC 699

Evidence of records of interviews and coronial inquest testimony by deceased witnesses Mariti and Abroo is admissible under s 65 of the Evidence Act 1995 as properly noticed and certified first-hand hearsay, with alternative admissibility under Criminal Procedure Act ss 285 and 287, provided probative value is not outweighed by prejudice, and exclusion remains available under Evidence Act ss 135-137.

Jurisdiction
Australia
Judgment Date
18 May 2018
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Evidence admitted
Legal Topics
['admissibility of Hearsay' 'unavailable Witnesses' 'coronial Evidence' 'procedure for Criminal Trials']
['criminal Law' 'evidence'] ['admissibility of Hearsay' 'unavailable Witnesses' 'coronial Evidence' 'procedure for Criminal Trials']

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Is evidence of previous representations made by deceased witnesses admissible under s 65 of the Evidence Act 1995?' 'Do the notice requirements and alternative bases for admissibility under the Evidence Act 1995 and Criminal Procedure Act 1986 apply?' 'Is the Crown obliged to disclose or tender every representation made by unavailable witnesses?']

Ratio Decidendi

Evidence of records of interviews and coronial inquest testimony by deceased witnesses Mariti and Abroo is admissible under s 65 of the Evidence Act 1995 as properly noticed and certified first-hand hearsay, with alternative admissibility under Criminal Procedure Act ss 285 and 287, provided probative value is not outweighed by prejudice, and exclusion remains available under Evidence Act ss 135-137.

Court Disposition

Evidence admitted

Orders

  • ['Admit the evidence of Mr Silvano Mariti comprising records of interview from 25 June 1980; two on 12 March 1984; 26 May 1984; 5 June 1984; 31 July 1984; and 21 December 1984.' 'Admit, pursuant to s 65(3) Evidence Act 1995, evidence Mr Mariti gave at the Coronial Inquest on 13 and 15 August 1985.' 'Admit the record...